Why You Need the Best Sex Crimes Lawyer

Sex crime cases are unique. The law is different both in sentencing and evidence.One example of a not getting the best sex crimes lawyer is a case that was recently decided by the Tennessee Supreme Court. A person accused of Aggravated Sexual Battery was convinced by his attorney to plead guilty and have a sentencing hearing in order to try to get probation. The defendant plead guilty and got 30 years at 100% to serve. It did not go according to the lawyer's plan to get probation.The problem was that Aggravated Sexual Battery is not eligible for probation.The ill advised lawyer did not even know the law when he encouraged his client to plead guilty.Luckily, the court found his lawyer did not provide effective representation and set aside the plea.However, the client sat in jail while during the appeals process.Rule #1 for sex crimes lawyers know the law.

Teacher Sentenced To Years in Sex Case

Sandy Binkley ,a Portland ,Tn school teacher ,was sentenced today to 12 years to serve in the Tennessee State prison today.She was convicted by a Sumner County jury in September of this year. She was convicted on two counts of statutory rape by an authority figure.She was alleged to have had sexual relations with some of her students. Judge Gay sentenced Ms.Binkley to the maximum sentence and ran the sentences consecutive to one another. Those counts appear to be not eligible for alternative sentencing. For more information on sex crimes visit our website www.McKinneylawfirm.com

Dress Code For The Criminal Courts in Nashville,Tennessee

I still believe in dress for success especially if you have been charged with a crime. If you dress like a drug dealer expect the judge or District Attorney to treat you one as well.With that said , I would like to provide some information on the dress code proposed by the Nashville Criminal Courts and General Sessions Courts of Davidson County. The Judges have adopted a dress code for individuals appearing in the courtrooms of the A.A. Birch Building.One may not enter a courtroom wearing halter tops,T-Tops,tank tops or see through tops.No exposed midriffs.No shorts.No exposed underwear or sagging pants.If you are dressed inappropriately your case will not be heard until you return with the proper clothing. This is the code imposed by the court.I will give you my dress tips in a later post.

When Criminal Judges Become Prosecuters

Today, I witnessed a routine problem that I see developing in some courts. The judges are becoming impartial and instead of calling balls and strikes they are throwing the pitches. A defendant was representing himself and agreed to a plea with the District Attorney.The judge modified the plea to thirty days in jail and ordered the poor guy to jail. He was employed and a first time offender.The lesson is never go to court in Sumner County ,Tennessee without a criminal defense attorney. A simple theft case results in a thirty day jail sentence.

Murfreesboro Domestic Violence Procedure

I was in court today in Murfreesboro , Tennessee on a domestic violence case. The procedure in The Rutherford County General Sessions is one of the strangest I have ever seen in my practice. First , you can't get a hearing or talk to the District Attorney until the alleged victim has spoken to a domestic violence coordinator.Then , the District attorney then speaks with the alleged victim and then discussion with the defense attorney.It turns into a all day process. Guess who funds the domestic violence coordinators ? All those who plead guilty in Rutherford County pay $45.00 in court costs to fund these positions. Does anybody think this is right ?

Sex Offender Probation Violations

This week I tried two sex offense probation cases with different results. The critical issue in both cases is what is incidental contact with a minor child. Rule 9 of the special rules of sex offender probation does not define incidental contact with a minor child. according to two probation officers incidental contact is contact with a minor for over 3 seconds. In one case it was a phone call. In the second case the contact was a Kroger's. The bottom line is it is impossible to comply with the terms of probation. Also, some judges don't care about getting defendants treatment because it is easy to violate someone. I hope to post more thoughts on how to survive sex offender treatment in the future.

Marijuana May Soon Fix Budget Crisis

After years of defending marijuana charges and drug charges in Nashville and around Middle Tennessee , I may have to look for a new job. A California lawmaker propose new laws to allow the state to sell marijuana to cure the state's budget crisis. Pot is believed to be California's biggest cash crop. Why let the drug dealers make all the profit and let it fund the budget deficit. In addition to revenue , the lawmaker proposes it will also cut down on teen drug use , cut police costs,and even help environmental concerns. The anti-drug folks are up in smoke(small joke) about collecting any money from the sale of weed while marijuana remains illegal under federal law.